Examining the efficacy of commercial arbitration as a mode of commercial dispute resolution in Uganda

Abstract

This study examines the attitude of Ugandan courts towards arbitration in order to facilitate the efficient resolution of commercial disputes in Uganda. The investigation was done through a case-study research design involving a desk review of existing literature, legislation and the cases decided by the courts in Uganda in order to establish how the Ugandan judiciary has facilitated the growth of the process. The study notes that the courts in Uganda are generally supportive of the arbitration process as exemplified by their tendency to recognize a valid arbitration agreement and unwillingness to examine evidence that is before an arbitral tribunal among others. It also notes some barriers that need to be addressed including: a deep seated trust deficit; the lack of an ‘Africa focused’ arbitration practice; the lack of diversity, knowledge gaps among lawyers on how the arbitration process operates among others. The study further discusses the roots of some of these deep seated barriers and then provide suggestions for different stakeholders in Uganda to explore deliberate steps in ensuring a flourishing domestic and international arbitration practise.